Reserved Matters Granted by Amber Valley Borough Council Planning Board

By now, we are sure that you are aware that the AVBC Planning Board granted Catesby’s application to discharge the reserved matters and Conditions 15 and 16 of the outline planning permission at their meeting on Monday. This means that Catesby has detailed planning permission for the site. The permission is subject to several conditions, listed for convenience at the end of this notice.

Both Kedleston Voice and Quarndon Parish Council provided strong evidence for why the application should not be granted at this stage. These included:

  • The development not being in keeping with its locality

  • The development including three storey buildings which have previously been outlawed by the Council and formed the basis of the National Trust’s objection

  • There being insufficient parking on the site

  • The development having insufficient safeguards for wildlife and the site of special scientific interest

  • There being major issues with the surface and foul water drainage plans which could lead to significant changes of land levels and increased flood risk

  • The removal of the convenience store, which was an integral part of the outline planning permission

  • The development increasing the unsafe nature of Kedleston Road

  • The development not meeting the requirements of the Quarndon Neighbourhood plan

  • The development not having enough sustainability credentials, particularly linked to mobility.

The Planning Board chose to ignore all of these points. The meeting was very sobering as the planning board members appeared to have very little understanding of the site, offered little to no challenge to the officers on the objections raised and only one of them objected to the application - and that was not the local ward councillor. Again, the woeful quality of scrutiny of planning applications by second tier councils was exposed by this “pantomime” event.

Just to rub salt into the wounds of the residents, Catesby announced in the meeting that they had completed the sale of the land to a house builder. So, as we have always predicted, they have entered Allestree and Quarndon, created a monstrosity of a development on previously protected heritage land, and then “sailed off into the sunset” with the planning gains, along with the land owner. Residents, at least, gave them a run for their money and reduced their return. Had it not been for a very odd judicial decision, we may even have won protection for this important heritage setting.

KV’s attention now turns to “policing” the conditions of the development to ensure that, where possible, the builder works to these and that the impact of this dreadful development is minimised on the residents of Allestree and Quarndon. More on this shortly.

Permission GRANTED subject to the following conditions:

Conditions/Reasons

1. The development to which this permission relates shall be begun not later than the expiration of two years from the final approval of the reserved matters, or in the case of approval on different dates, the final approval of the last such matter to be approved. {\b Reason} To comply with the requirements of Section 91(1) of the Town and Country Planning Act, 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out only in accordance with the details and specifications shown on the following drawings unless otherwise required by another condition of this permission: P19-0099-01 Rev R Planning Layout P19-0099-02 Rev D House Type Pack P19-0099-02-12 Rev A House Type 5-3B P19-0099-02-28 Rev A House Type 11-5B P19-0099-08-03 Rev A Solar Gain Plan P19-0099-19-01 Street Sections P19-0099-19-04-01 Rev D Springfield Street Scenes P19-0099-19-04-02 Rev A Eastern Gateway Street Scenes P19-0099-19-22-01 Mews Lane and Green Edge Street Scenes P19-0099-23 Rev A Site Location Plan P19-0099-08-01 Rev A Materials Layout P19-0099-08-02 Rev C Enclosures Layout P19-0099-12 Rev D Design Compliance Statement Erratum to Design Compliance Statement P19-0099-20 Enclosure Details P19-0099-09 Rev A Landscape Strategy Plan P19-0099-21 Rev B Street Tree Hierarchy Plan P19-0099-10 Rev B Destination Park Extract P19-0099-11-10 Rev B Refuse Strategy Plan P19-0099-24 Rev B Planting Strategy and Tree Pit Detail AAC5530-RPS-XX-XX-DR-C-SK1-01 Levels and Drainage Strategy Sheet 1 AAC5530-RPS-XX-XX-DR-C-SK1-02 Levels and Drainage Strategy Sheet 2 BRM08898-KED-RPS-XX-GF-DR-A-6301-S0-P0 External Lighting Plan AAC5530-RPS-XX-XX-DR-C-114-01 Vehicle Tracking Sheet 1 AAC5530-RPS-XX-XX-DR-C-114-02 Vehicle Tracking Sheet 2 P19-0099_2 Sheet No: 1 CA5: Type 1_2B Floor Plans & Elevations P19-0099_2 Sheet No: 2 CA2: TYPE 2_3B Floor Plans & Elevations P19-0099_2 Sheet No: 3 CA3: Type 2_3B Floor Plans & Elevations P19-0099_2 Sheet No: 4 CA4: Type 2_3B Floor Plans & Elevations P19-0099_2 Sheet No: 5 CA5: Type 2_3B Floor Plans & Elevations P19-0099_2 Sheet No: 6 CA4: Type 3_3B Floor Plans & Elevations P19-0099_2 Sheet No: 7 CA5: Type 3_3B Floor Plans & Elevations P19-0099_2 Sheet No: 8 CA2: Type 4_3B Floor Plans & Elevations P19-0099_2 Sheet No: 9 CA3: Type 4_3B Floor Plans & Elevations P19-0099_2 Sheet No: 10 OPT 1-CA4 Type 4_3B Floor Plans & Elevations P19-0099_2 Sheet No: 11 CA5: Type 4_3B Floor Plans & Elevations P19-0099_2 Sheet No: 12 Rev A CA2: Type 5_3B Floor Plans & Elevations P19-0099_2 Sheet No: 13 CA4: Type 5_3B Floor Plans & Elevations P19-0099_2 Sheet No: 14 CA2: Type 6_4B Floor Plans & Elevations P19-0099_2 Sheet No: 15 CA3: Type 6_4B Floor Plans & Elevations P19-0099_2 Sheet No: 16 CA4: Type 6_4B Floor Plans & Elevations P19-0099_2 Sheet No: 17 CA2: Type 7_4B Floor Plans & Elevations P19-0099_2 Sheet No: 18 CA3: Type 7_4B Floor Plans & Elevations P19-0099_2 Sheet No: 23 CA2: Type 9_4B Floor Plans & Elevations P19-0099_2 Sheet No: 24 CA3: Type 9_4B Floor Plans & Elevations P19-0099_2 Sheet No: 25 CA4: Type 9_4B Floor Plans & Elevations P19-0099_2 Sheet No: 26 CA2: Type 10_5B Floor Plans & Elevations P19-0099_2 Sheet No: 27 CA3: Type 10_5B Floor Plans & Elevations P19-0099_2 Sheet No: 28 Rev A CA3: Type 11_5B Floor Plans & Elevations P19-0099_2 Sheet No: 29 CA3: Type 12_1BM Elevations P19-0099_2 Sheet No: 30 CA3: Type 12_1BM Floor Plans P19-0099_2 Sheet No: 31 CA5: AFF Type 13_2B Floor Plans & Elevations P19-0099_2 Sheet No: 32 CA5: AFF Type 14_3B Floor Plans & Elevations P19-0099_2 Sheet No: 33 CA3: Type 1_2B Floor Plans & Elevations P19-0099_2 Sheet No: 34 OPT2 - CA4: Type 4_3B Floor Plans & Elevations P19-0099_2 Sheet No: 36 CA4: Type 7-4B Floor Plans & Elevations P19-0099_2 Sheet No: 37 OPT 2 - CA3: Type 6_4B Floor Plans & Elevations P19-0099_2 Sheet No: 39 CA4: Apartments Block Front Elevation 1 P19-0099_2 Sheet No: 40 CA4: Apartments Block Front Elevation P19-0099_2 Sheet No: 41 CA4: Apartments Block Rear Elevation P19-0099_2 Sheet No: 42 CA4: Apartments Block Side Elevation P19-0099_2 Sheet No: 43 CA4: Apartments Block Ground Floor P19-0099_2 Sheet No: 44 CA4: Apartments Block First Floor P19-0099_2 Sheet No: 45 CA4: Apartments Block First Floor P19-0099_2 Sheet No: 46 CA1: Gateway Building 1 Elevations P19-0099_2 Sheet No: 47 CA1: Gateway Buildings 1 Elevations P19-0099_2 Sheet No: 48 CA1: Gateway Building 1 Floor Plans P19-0099_2 Sheet No: 49 CA1: Gateway Building 2 Elevations P19-0099_2 Sheet No: 50 CA1: Gateway Building 2 Elevations P19-0099_2 Sheet No: 51 CA1: Gateway Building 2 Floor Plans P19-0099_2 Sheet No: 52 CA1: Gateway Building 3 Elevations P19-0099_2 Sheet No: 53 CA1: Gateway Building 3 Floor Plans P19-0099_2 Sheet No: 54 CA2: Type 1_2B Floor Plans & Elevations P19-0099_3 Sheet No: 1 Single Garages Floor Plans & Elevations P19-0099_3 Sheet No: 2 Double Garages Floor Plans & Elevations P19-0099_3 Sheet No: 3 Render Garages Floor Plans & Elevations {\b Reason}: To define the terms of the permission.

3. Notwithstanding the Materials Layout Plan Drwg:P19-0099_08 prior to any of the works on the external elevations/roof of the building(s) are commenced, samples of the materials and finishes to be used in the construction of the external surfaces shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details. {\b Reason:} To ensure a satisfactory appearance of the completed development in accordance with policies LS3, H12 and EN27 and EN33 of the Adopted Amber Valley Borough Local Plan 2006.

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(England) Order 2015 (or any Order revoking and re-enacting that Order) no development relating to Class A Part 14 of Schedule 2 (solar panels) shall be undertaken to Plots 1-104, 265-389 excluded from the 'Areas Suitable for Solar Panel' as annotated on the Solar Gain Plan DRWG P19-0099-08-03 Rev A without the prior written approval of the Local Planning Authority. {\b Reason:} To safeguard the privacy and amenities of the occupiers of adjoining properties in accordance with policies LS3, H12 and EN27 and EN33 of the Adopted Amber Valley Borough Local Plan 2006.

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(England) Order 2015 (or any Order revoking and re-enacting that Order) no development relating to Classes B and C of Part 1 of Schedule 2 (windows, dormer windows, rooflights, doors or other alteration to the roof of a property) shall be undertaken without the prior written approval of the Local Planning Authority. {\b Reason:} To safeguard the privacy and amenities of the occupiers of adjoining properties in accordance with policies LS3, H12 and EN27 and EN33 of the Adopted Amber Valley Borough Local Plan 2006.

6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) no development relating to Classes C of Part 2 of Schedule 2 (exterior painting) shall be undertaken without the prior written approval of the Local Planning Authority. {\b Reason:} To safeguard the visual amenity of the locality in accordance with policies LS3, H12 and EN27 and EN33 of the Adopted Amber Valley Borough Local Plan 2006.

7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) no development relating to Class H of Part 14 of Schedule 2 (wind turbines) shall be undertaken without the prior written approval of the Local Planning Authority. {\b Reason:} To safeguard the visual amenity of the locality in accordance with policies LS3, H12 and EN27 and EN33 of the Adopted Amber Valley Borough Local Plan 2006.

8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and/or re-enacting that Order) the garage/car parking space(s) hereby permitted shall be retained as such and shall not be used for any purpose other than the garaging of private motor vehicles associated with the residential occupation of the property without the grant of further specific planning permission from the Local Planning Authority. {\b Reason}: To ensure satisfactory parking provision to serve the development in the interests of the safety of the users of the public highway in general in accordance with policies TP1 and H12 of the Adopted Amber Valley Borough Local Plan 2006.

9. Notwithstanding the details submitted for the Destination Park prior to installation precise details of the Bike Trail including measures to deter motorcycle mis-use shall be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented in full and maintained as such thereafter. {\b Reason:} To ensure a satisfactory appearance of the completed development in accordance with policies LS2, LS3, LC6, H12 and EN27 and EN33 of the Adopted Amber Valley Borough Local Plan 2006.

10. Notwithstanding the details submitted prior to installation of the play equipment in the two play areas annotated the precise detail shall be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented in full and maintained as such thereafter. {\b Reason:} To ensure a satisfactory appearance of the completed development in accordance with policies LS3, LC6, H12 and EN27 and EN33 of the Adopted Amber Valley Borough Local Plan 2006.

11. Prior to any works on the stone wall hereby permitted to the north east boundary of the site for Plots 1-18 (southwest of the roundabout) precise details of the stone wall shall be submitted to and approved in writing by the Local Planning Authority. The proposed stone wall shall be erected in natural stone and details of the coursing and height shall be submitted. The work shall be carried out in accordance with the agreed scheme and shall be completed prior to the occupation of the first dwelling and maintained as such in perpetuity throughout the life of the development {\b Reason:} To ensure a satisfactory appearance of the completed development in accordance with policies LS3, H12 and EN27 and EN33 of the Adopted Amber Valley Borough Local Plan 2006.

12. Prior to any building hereby permitted being occupied/brought into use, the boundary treatment for that building(s) shall be installed and completed in accordance with the specified details on drawing number P19-0099-08-02 Rev C - Enclosures Layout. {\b Reason}: To ensure both the satisfactory appearance of the completed development and an adequate level of amenity for the proposed dwellings in accordance with policies LS2, LS3, H12, EN27 and EN33 of the Adopted Amber Valley Borough Local Plan 2006.

13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) no development relating to Class A of Part 2 of Schedule 2 (erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure) shall be undertaken without the prior written approval of the Local Planning Authority for Plots 1-18 (positioned to the north east corner of the site). {\b Reason:} To protect the character and visual amenities of the locality in accordance with policies LS3, H12, EN27 and EN33 of the Adopted Amber Valley Borough Local Plan 2006.

14. Notwithstanding the details submitted prior to installation, a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing the proposed lighting scheme to ensure that the visual and ecological implications are fully taken into account (including the need for reduced or no lighting in the more sensitive locations and directions). All works shall be fully implemented in accordance with the approved scheme before use commences. {\b Reason:} To ensure that the development does not appear as an unduly prominent feature in the area and in the interests of amenity in accordance with policies LS2, EN13, EN16, EN27 and EN33 of the Adopted Amber Valley Borough Local Plan 2006.

15. Prior to commencement of any works on site within 35m of Tree T16 precise detail on the methodology and supervision of excavation within the recognised buffer zone of T16 shall be submitted to and approved in writing by the Local Planning Authority. The Root Protection Area (RPA) of the tree shall be extended to include the buffer zone of T16 and is required as a specific task when working in proximity to T16.The approved details shall be implemented in full during the construction of development. {\b Reason}: This is a pre-commencement of works condition as Tree T16 is considered an ancient tree worthy of protection in accordance with saved policies LS3, H12, EN8 of the Adopted Amber Valley Borough Local Plan 2006 and paragraph 175 of the NPPF.

16. Notwithstanding the details submitted prior to occupation of the hereby approved dwellings further detail shall be submitted to and approved in writing by the Local Planning Authority for the long-term management intent of hedgerow H1 and H3 and the methodology of that management. The work shall be carried out in full accordance with the agreed scheme and maintained as such thereafter. {\b Reason}: H1 and H3 perform an important function for the screening of the development. To continue this screening both hedgerows require a programme of management to maintain the condition and structure of the hedgerows in accordance with saved policies LS3, H12, EN8 of the Adopted Amber Valley Borough Local Plan 2006.

17. The Tree Protection Plan (Appendix 8 of the Arboricultural Report: Marlow, June 2019) shall be implemented in full prior to effective mobilisation of construction vehicles on the site. The specification of Tree Protection fencing shall be as per the type illustrated in Figure 8 of the Arboricultural Report (Marlow, June 2019) or the specification of fencing given within BS5837 2012 (figure 2 pg.26). An arboricultural inspection to inspect the suitability of the established tree protection measures shall be undertaken prior to commencement of construction works. Following inspection of the protective fencing the Local Planning Authority shall receive written confirmation from the project arboriculturist that the alignment and positioning of this fencing is appropriate and fit for purpose as described within the Arboricultural Report (Marlow, June 2019). The protective fencing shall be maintained throughout the duration of the construction period for the development hereby approved. {\b Reason}: The trees in question are of value and shall be retained as part of the scheme in accordance with saved policies LS3, H12, EN8 of the Adopted Amber Valley Borough Local Plan 2006.

18. Notwithstanding the submitted details prior to installation design details for planting within the hard-landscaped areas i.e. tree pit detail including soil volumes for the trees planted within the hard-landscape for The Mews and The Boulevard shall be submitted to and approved in writing by the Local Planning Authority. The agreed details shall be implemented in full and maintained in accordance with the scheme agreed as part of condition 19 below. {\b Reason}: In the interests of achieving maturity for the landscaping and to avoid direct conflict with these hard surfaces in the interests of visual and ecological value in accordance with saved policies LS3, H12 and EN8 and EN9 of the Adopted Amber Valley Borough Local Plan.

19. A post planting programme of maintenance shall be submitted to and approved in writing by the Local Planning Authority prior to planting to ensure the planted trees are adequately cared for during the first 5 years following planting. This should include irrigation, formative pruning, routine assessment and ongoing maintenance i.e. stake and tie removal, weed control, pest and disease control and nutrition. {\b Reason}: To ensure the satisfactory overall appearance of the completed development and to help assimilate the new development into its surroundings in accordance with policies LS3, H12 and EN8 of the Adopted Amber Valley Borough Local Plan 2006.

20. Notwithstanding the plans submitted prior to planting around the attenuation pond additional tree planting shall be included to further increase canopy cover. Details of which shall first be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented in full and maintained in accordance with the scheme agreed as part of condition 19 above. {\b Reason}: To ensure the satisfactory overall appearance of the completed development and to help assimilate the new development into its surroundings in accordance with policies LS3, H12, EN8 and EN15 of the Adopted Amber Valley Borough Local Plan 2006.

21. Prior to commencement of development details of bird and bat box specification and locations (in accordance with para. 6.4 of the EDP Ecological Appraisal 2014) shall be submitted to and approved in writing by the Local Planning Authority. The Agreed scheme shall be implemented in full and maintained as such in perpetuity. {\b Reason}: This is a pre-commencement of development condition in the interests of ecological protection and enhancement in accordance with saved policy EN13 of the Adopted Amber Valley Borough Local Plan 2006.

22. Prior to the first occupation of each dwelling hereby approved, provision of electric vehicle charging points shall be made. {\b Reason}: In accordance with Policy QNP5 of the Quarndon Neighbourhood Plan and Paragraph 151 of the NPPF and EN35 of the Adopted Amber Valley Borough Local Plan 2006.

23. The carriageways of the proposed estate roads shall be constructed in accordance with the application drawings hereby approved up to and including at least road base level, prior to the commencement of the erection of any dwelling intended to take access from that road. The carriageways and footways shall be constructed up to and including base course surfacing to ensure that each dwelling prior to occupation has a properly consolidated and surfaced carriageway and footway, between the dwelling and the existing highway. Until final surfacing is completed, the footway base course shall be provided in a manner to avoid any upstands to gullies, covers, kerbs or other such obstructions within or abutting the footway. The carriageways, footways and footpaths in front of each dwelling shall be completed with final surface course within twelve months (or three months in the case of a shared surface road) from the occupation of such dwelling, unless otherwise agreed in writing by the Local Planning Authority. {\b Reason}: In the interests of highway safety in accordance with saved policies TP1 and H12 of the Adopted Amber Valley Borough Local Plan 2006.

24. The Bin Stores hereby approved shall be provided prior to the first occupation of the dwellings to which they relate and shall be retained free of any impediment to their designated use thereafter. {\b Reason}: In the interests of highway safety in accordance with saved policies TP1 and H12 of the Adopted Maber Valley Borough Local Plan 2006.

25. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) the garage accommodation/ parking space to be provided in connection with the development shall not be used other than for the above stated purpose except with the prior permission of the Local Planning Authority granted on an application made in that regard. {\b Reason}: In the interests of highway safety to ensure there is adequate parking provision to serve the development in accordance with saved policies TP1, TP6 and H12 of the Adopted Maber Valley Borough Local Plan 2006.

26. Notwithstanding the details of the conceptual drainage strategy, before the commencement of any operations on site, a scheme for the disposal of highway surface water via a positive gravity-fed system, discharging to an outfall on public sewer, highway drain or watercourse, shall be submitted to and approved by the Local Planning Authority. {\b Reason}: In the interests of highway safety in accordance with saved policies TP1 and EN15 of the Adopted Maber Valley Borough Local Plan 2006.

Notes

Attention is drawn to the attached notes:

1. The applicant is reminded of the terms of the Section 106 Agreement which relates to this site.

2. The applicant is reminded that the conditions attached to the substantive outline planning permission, reference AVA/2014/0928 are also relevant.

3. The applicant is advised to incorporate the provision of 32mm water riser in the hereby approved development in the interests of safety for future occupiers or users of the building.

4. Broadband - Assessing the Proposed Development Currently access to the internet is mainly through the national telephone network infrastructure. Broadband service quality varies across the County and access to superfast broadband speeds in Derbyshire is limited. Improvement to broadband connectivity is identified as a key priority in the County Council's Council Plan 2010 - 2014. The County Council aims to broaden Derbyshire's economic base and improve economic performance and broadband is essential to this. The Digital Derbyshire programme is providing access to high speed broadband services for residential and business users. The roll-out applies to existing households and businesses and it should not be assumed that new development will be covered by this intervention. Developers and Local Planning Authorities can help to anticipate the future needs of residents and businesses and prevent having to retrofit properties in the future by providing for the delivery of broadband infrastructure and services as part of the on-site design of their development schemes. New development should be supported by a communications strategy that delivers future-proof infrastructure and supports sustainable communications services. Mitigation - The County Council suggests that the developer makes separate enquiries with broadband providers and ensures that future occupants have access to sustainable communications infrastructure, giving appropriate thought to the choice and availability of providers which can offer high speed data connections. More information on how to incorporate broadband services as part of the design of new development is available by following the link below: https://www.gov.uk/government/publications/better-connected-a-practical-guide-to-utilities-for-home-builders

5. The Borough Council encourages the developer to incorporate solar panels to appropriately sited south facing which are in less prominent positions as set out on the Solar Gain Plan (Plots 105-264) at the developments construction rather than retrofit for an improved visual appearance. Drawing Number Plots P19-0099-08-03 Rev A illustrates an area in the south west corner of the site where solar panels could be introduced to houses and garages with south facing roofs. These locations were deemed to be the most appropriate due to existing landscaping and topography and reflecting heritage concerns regarding possible visual impact. Plots not identified in sand/orange are excluded for solar panels outside of this area.

6. Further to Condition 10 the Borough Council's Public Open Spaces Officer advises that as a minimum the equipped play area must provide the following items of play equipment as specified within the Development and Recreational Open Space SPD: A three tower junior multi-play unit with a slide A 2.4m high two seat junior swing bay with flat seats and anti-wrap bearings One junior active play unit e.g. large cantilever swing One three tower toddler multi-play unit with slide A 2.4m high two seat toddler swing bay with cradle seats and anti-wrap bearings Two spring animals of robust construction A toddler roundabout or other dynamic toddler item A User information sign including emergency contact details and details of who to contact if damage is witnessed. The use of brightly coloured or metallic surfaces should be avoided entirely

7. Further to condition 18 the Tree and Conservation Officer expects that a load-bearing cellular soil system will be needed for the trees to achieve maturity and avoid direct conflict with hard surfaces. Further to condition 20 the covering letter which accompanied the submission of the revised documentation (004_MD_Gee_P19-0099_080819), makes particular reference to planting around the attenuation pond. Where possible, additional tree planting should be encouraged to further increase canopy cover. Further to concerns over the more extreme habitat surrounding SUDS due to the repeated wetting and drying of this feature below is a list of tree species which would be considered appropriate for that type of location as they show tolerance to both drought and waterlogging: Acacia dealbata Acer x freemanii Acer negundo Acer rubrum Acer saccharinum Acer x zoeschense Alnus cordata Alnus incana Alnus x spaethii Gleditsia triacanthos Liquidamber styraciflua Platanus acerifolia Platanus orientalis Quercus bicolor Quercus palustris Quercus phellos The Tree Officer advises that the provenance, origin and supplier of any proposed planting should be carefully selected as biosecurity and the risk of introducing pest or disease carried on planting stock or within the soil planted alongside the planting stock is a high priority for Landscape Services when considering large scale planting proposals.

8. Further to condition 9 the applicant is advised to liaise with the Crime Prevention Design Advisor regarding measures to deter motorcycle mis-use. The applicant is advised that the Parish Council has a desire to improve off site links as reflected in Quarndon Neighbourhood Plan Policy QIN3 in the form of a footpath link to be provided to the off-site Markeaton Stones Bridleway. It is acknowledged that the north-west corner of the site intersects with the part of the site which is environmentally sensitive and that the adjoining Markeaton Brook is also an environmentally sensitive corridor. The developer is encouraged to liaise with the Parish Council regarding the formation of a potential link.

9. Derbyshire County Council, as Highway Authority, advise of the following: a. Pursuant to Section 278 of the Highways Act 1980 and the provisions of the Traffic Management Act 2004, no works may commence within the limits of the public highway without the formal written Agreement of the County Council as Highway Authority. It must be ensured that public transport services in the vicinity of the site are not adversely affected by the development works. Advice regarding the technical, legal, administrative and financial processes involved in Section 278 Agreements may be obtained from Mr K Barton at County Hall, Matlock (tel: 01629 538658). The applicant is advised to allow approximately 12 weeks in any programme of works to obtain a Section 278 Agreement. b. Pursuant to Section 38 and the Advance Payments Code of the Highways Act 1980, the proposed new estate roads should be laid out and constructed to adoptable standards and financially secured. Advice regarding the technical, financial, legal and administrative processes involved in achieving adoption of new residential roads may be obtained from the Strategic Director Economy, Transport and Environment at County Hall, Matlock (tel: 01629 580000 and ask for the Development Control Implementation Officer). c. Highway surface water shall be disposed of via a positive, gravity fed system (ie; not pumped) discharging to an approved point of outfall (eg; existing public sewer, highway drain or watercourse) to be sanctioned by the Water Authority (or their agent), Highway Authority or Environment Agency respectively. The use of soakaways for highway purposes is generally not sanctioned. d. Pursuant to Section 50 (Schedule 3) of the New Roads and Streetworks Act 1991, before any excavation works are commenced within the limits of the public highway, at least 6 weeks prior notification should be given to the Strategic Director Economy, Transport and Environment at County Hall, Matlock (tel: 01629 580000 and ask for the New Roads and Streetworks Section). e. Pursuant to Sections 219/220 of the Highways Act 1980, relating to the Advance Payments Code, where development takes place fronting new estate streets the Highway Authority is obliged to serve notice on the developer, under the provisions of the Act, to financially secure the cost of bringing up the estate streets up to adoptable standards at some future date. This takes the form of a cash deposit equal to the calculated construction costs and may be held indefinitely. The developer normally discharges his obligations under this Act by producing a layout suitable for adoption and entering into an Agreement under Section 38 of the Highways Act 1980.

Reasons:

EN13. Nature Conservation

EN15. Development and Flood Risk

EN16. Pollution

EN17. Pollution

EN24. Listed Buildings

EN27. Conservation Areas

EN31. Archaelogical Interest

EN33. Kedleston Hall landscape character

EN36. Renewable Energy

EN7. Landscape Character Areas

EN8. Landscape Features

H12. Design and amenity considerations

LC6. Leisure Facilities

LS1. Sustainability criteria

LS2. Community Safety

LS3. Design

LS4. Accessibility

LS5. Section 106 Agreements

TP1. Impact on the Transport Network

TP2. Footpath, Cycleway, Bridleway network

TP6. Parking

In Detail:

1. The development complies with the provisions of the development plan for the locality and raises no unresolved issues in relation to the location of the site, privacy, amenity, character and design, landscape or heritage features and highway safety.

2. The National Planning Policy Framework (NPPF) is a material consideration in planning decisions. In accordance with Paragraph 38 of the NPPF the local planning authority has approached the decision making process in a positive way to foster the delivery of sustainable development and has worked proactively with the applicant/agent to secure a development to improve the economic, social and environmental conditions of the area.

3. In accordance with Section 100ZA of the Town & Country Planning Act 1990, as amended and the Town and Country Planning (Pre-commencement Conditions) Regulations 2018 ('the Regulations'), the applicant has been provided with a draft schedule of the conditions attached to this report. In accordance with Regulation 3 (a) of the Regulations, the applicant has provided a substantive response to the effect that they agree with the imposition of the pre-commencement conditions.


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